County serves Berger with evidence against him

Published: Monday, April 22, 2013 at 11:28 a.m.

Last Modified: Monday, April 22, 2013 at 11:28 a.m.

New Hanover County Commissioner Brian Berger has officially been served.

Following a Board of Commissioners meeting Monday morning that set a date for Berger's removal hearing, Berger was served with the entire case against him by a Sheriff's deputy.

The case was outlined in a plain white binder with more than 100 pages of evidence against Berger, including antagonizing text messages between Berger and staff, emails that deride staff and proof of Berger's poor attendance record.

The commissioners kept the discussion of the removal of Berger short and to the point at Monday morning's meeting, allowing the papers Berger was served to speak for themselves.

The board took three notable actions regarding his removal in less than 20 minutes, including censuring Berger, approving rules and procedures for the amotion hearing, and setting a date for the hearing.

The amotion hearing for the removal of Berger will be held May 20 immediately following the regular board meeting. An amotion is a North Carolina common law that deals with a private corporation removing an officer because he was unfit.

The hearing date was approved 3-2 by the board, with Berger and Commissioner Jonathan Barfield dissenting.

Barfield did not speak to his reasons for voting against setting a date for the amotion hearing Monday, but he expressed concerns during last week's agenda review.

“I couldn't go and vote for this when it's precedent setting across the state,” said the board's lone Democrat.

The commissioners also approved a revised set of the rules for the amotion hearing that apply specifically to New Hanover County.

These rules state that all statements made during the hearing will be under oath; the board has the right to establish time limits; the board has the right to question any witness; the board may consult with staff and the county attorney during the hearing; and that the respondent, Berger in this case, may be represented by an attorney.

If Berger chooses to seek an attorney, the attorney must file a notice of representation with the county clerk by May 17. All relevant evidence and a list of witnesses must also be provided by that time.

The board also voted 4-1 in favor of a censure resolution, with only Berger dissenting.

It lists the violations of the New Hanover County Board of Commissioners Code of Ethics that the other board members believe Berger has violated including: “behaving consistently and with respect towards everyone with whom they interact; exhibit trustworthiness; live as if they are on duty as elected officials regardless of where they are or what they are doing; use their best independent judgment to pursue the common good; and recognize that they may not act on behalf of the board unless specifically authorized to do so.”

It cites Berger's multiple arrests, accusatory remarks he has made against county officials and staff, and his failure to repay the money he owes the county per the county travel policy as examples of these ethics violations..

For his part, Berger – who declined interview requests – handed out a two-sentence statement after the meeting.

“I contest the introduction of the resolution censuring me, New Hanover County Commissioner Brian Berger. I refute the misleading and false allegations contained in the document,” it read.

Berger had tried to read the statement during the meeting, but waited until after the amotion discussions were complete. He was then told that it was not the appropriate time to speak on the censure resolution.

Berger's fellow commissioners say the allegations are not false and that the evidence provided in the papers Berger was served prove it.

County Attorney Wanda Copley also asked the commissioners not to speak about the impending amotion hearing as it will be a quasi-judicial hearing.

<p>New Hanover County Commissioner <a href="http://www.starnewsonline.com/section/topic9976"><b>Brian Berger</b></a> has officially been served.</p><p>Following a Board of Commissioners meeting Monday morning that set a date for Berger's removal hearing, Berger was served with the entire case against him by a Sheriff's deputy.</p><p>The case was outlined in a plain white binder with more than 100 pages of evidence against Berger, including antagonizing text messages between Berger and staff, emails that deride staff and proof of Berger's poor attendance record.</p><p>The commissioners kept the discussion of the removal of Berger short and to the point at Monday morning's meeting, allowing the papers Berger was served to speak for themselves.</p><p>The board took three notable actions regarding his removal in less than 20 minutes, including censuring Berger, approving rules and procedures for the amotion hearing, and setting a date for the hearing.</p><p>The amotion hearing for the removal of Berger will be held May 20 immediately following the regular board meeting. An amotion is a North Carolina common law that deals with a private corporation removing an officer because he was unfit.</p><p>The hearing date was approved 3-2 by the board, with Berger and Commissioner Jonathan Barfield dissenting.</p><p>Barfield did not speak to his reasons for voting against setting a date for the amotion hearing Monday, but he expressed concerns during last week's agenda review.</p><p>“I couldn't go and vote for this when it's precedent setting across the state,” said the board's lone Democrat.</p><p>The commissioners also approved a revised set of the rules for the amotion hearing that apply specifically to New Hanover County.</p><p>These rules state that all statements made during the hearing will be under oath; the board has the right to establish time limits; the board has the right to question any witness; the board may consult with staff and the county attorney during the hearing; and that the respondent, Berger in this case, may be represented by an attorney.</p><p>If Berger chooses to seek an attorney, the attorney must file a notice of representation with the county clerk by May 17. All relevant evidence and a list of witnesses must also be provided by that time.</p><p>The board also voted 4-1 in favor of a censure resolution, with only Berger dissenting.</p><p>It lists the violations of the New Hanover County Board of Commissioners Code of Ethics that the other board members believe Berger has violated including: “behaving consistently and with respect towards everyone with whom they interact; exhibit trustworthiness; live as if they are on duty as elected officials regardless of where they are or what they are doing; use their best independent judgment to pursue the common good; and recognize that they may not act on behalf of the board unless specifically authorized to do so.”</p><p>It cites Berger's multiple arrests, accusatory remarks he has made against county officials and staff, and his failure to repay the money he owes the county per the county travel policy as examples of these ethics violations..</p><p>For his part, Berger – who declined interview requests – handed out a two-sentence statement after the meeting.</p><p>“I contest the introduction of the resolution censuring me, New Hanover County Commissioner Brian Berger. I refute the misleading and false allegations contained in the document,” it read.</p><p>Berger had tried to read the statement during the meeting, but waited until after the amotion discussions were complete. He was then told that it was not the appropriate time to speak on the censure resolution.</p><p>Berger's fellow commissioners say the allegations are not false and that the evidence provided in the papers Berger was served prove it.</p><p>County Attorney Wanda Copley also asked the commissioners not to speak about the impending amotion hearing as it will be a quasi-judicial hearing.</p><p>Ashley Withers: 343-2223</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @AshleyWithers</p>